Terms and Conditions
1. General
The whole of the agreement between Domus Lighting Pty Ltd ABN 40 001 258 279 (“Domus Lighting”) and the Applicant referred to in the Credit Application (“Customer”) are those set out in these Terms and Conditions and those, if any, which are implied and which cannot be excluded by Law (“Terms”). Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) which are contrary to or inconsistent with these Terms, shall not apply nor shall they constitute a counter-offer. By receiving delivery of all or a portion of the Goods, the Customer shall be deemed to have accepted their Terms and to have agreed that they shall apply to the exclusion of all others. All goods are charged at the price ruling at the date of invoice and any Goods and Services Tax will be charged separately. Domus Lighting reserves the right to vary prices without notice at any time. All quotations are subject to withdrawal of change at any time without notice. All pricing and trading agreements prior to the 1st Oct 2012 are no longer valid.
2. Credit Terms
2.1 Payment is due on or prior to thirty (30) days from the date of statement unless otherwise stated by Domus Lighting in writing. Domus Lighting may charge liquidated damages at a rate equivalent to one and three quarter percent (1.75%) per month calculated daily if payment is not made by the due date.
2.2 The customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs incurred by Domus Lighting for enforcement of obligations and recovery of monies due from Customer to Domus Lighting.
3. Delivery & Supply
3.1 Times quoted for deliveries are estimates only and Domus Lighting shall not be liable for failure to deliver, or for delay in delivery. The customer shall not be relieved of any obligation to accept or pay for Goods, by reason of any delay in delivery or dispatch. Domus Lighting reserves the right to suspend credit and stop supply at any time if the Customer fails to comply with the Terms.
3.2 All purchase orders exceeding $250.00 (incl. GST) are F.I.S (free into store) Sydney, Melbourne and Brisbane Metropolitan areas. All purchase orders under $250.00 (incl. GST) will incur a minimum of $15.00 + GST delivery/freight charge.
3.3 All purchase orders exceeding $500.00 (incl. GST) Australia wide (subject to Domus Transport Coverage) are F.I.S (free into store) excluding Sydney, Melbourne and Brisbane Metropolitan areas. All purchase orders under $500.00 (incl. GST) will incur a minimum of $30 + GST delivery/freight charge.
4. Property
Until full payment has been made for all goods supplied by Domus Lighting under these Terms (Goods), and any sums in any way outstanding from the Customer to Domus Lighting from time to time.
4.1 All sums outstanding become immediately due and payable by the Customer to Domus Lighting if the Customer makes default in paying any other sums due to Domus Lighting, becomes bankrupt, or commits any act of bankruptcy, compounds with its creditors, has judgement entered against it in any court or, being a company, has a provisional liquidator, liquidator receiver, receiver manager or administrator appointed, notwithstanding the provisions of any other clause in these Terms.
4.2 The title and property in the Goods shall not pass to the Customer and the Customer shall hold the Goods as Bailee for Domus Lighting (returning the same to Domus Lighting on request). The Goods shall nevertheless be at the risk of the Customer from the time of delivery and shall be stored in a manner, which identifies the Goods as the property of Domus Lighting.
4.3 The Customer is only authorised to sell the Goods to third parties on behalf of Domus Lighting. All payments received from the third parties by the Customer for the Goods shall be held on trust for Domus Lighting pursuant to the Bailee/Bailorrelationship.4.4 Domus Lighting is irrevocably authorised to enter any premises where the Goods are kept, and to use the name of the Customer and to act on its behalf, if necessary, to recover possession of the Goods.
5. Cancellations, Returns & Credit Claims
5.1 Cancellations – No cancellations or partial cancellation of an order, where the goods to be supplied are “special or project items” shall be accepted by Domus Lighting unless it has first agreed in writing to such cancellation or partial cancellation.
5.2 Short Deliveries – All claims made against short deliveries must be made in writing within 7days of delivery, no claims for short delivery will be recognised after this time. The purchaser shall be responsible insuring that the total number of cartons delivery corresponds exactly with the couriers consignment note. Domus Lighting will not be responsible for any such short deliveries.
5.3 Faulty Goods – All goods claimed as being faulty and returned within 12 months of date of invoice shall be either repaired or replaced at the sole discretion of Domus Lighting. The faulty goods will be picked up (paperwork and GRA number must accompany the goods) and then return the goods to the purchaser with relevant paperwork.
5.4 Credit Claims – Domus Lighting reserves the right in its sole discretion whether to accept or reject any credit claim, if any credit claim is accepted, the products will need to be returned in their original packaging and invoice numbers which those goods relate, must be provided before such claims can be accepted along with a GRA number issued by Domus.
5.5 Pricing – All claims made against incorrect prices must be made in writing within 30 days of delivery, no claims for incorrect pricing will be recognised after this time. The purchaser is responsible for checking the invoice within the 30day time frame.
5.6 Goods Not Required – Goods ordered in error, or not required will incur a 25% Re-stocking fee. The purchaser shall also be liable for freight on costs and damages that may occur. Where goods supplied are deemed as “specials, project or discontinued” no return will be accepted.
5.7 Sample Items Returned – All goods/items supplied as samples if returned, will incur a 10% handling fee, the purchaser is also liable for freight on costs & any damages that may occur. Goods claimed as samples will only be accepted if the original purchase order confirms that the goods were required as samples. Any products with colour or physical modifications are classified as “specials” and cannot be returned.
6. Privacy Act 1988 (“Privacy Act”)
To enable Domus Lighting to assess the Customer’s application for credit, the Customer authorises Domus Lighting:
6.1 To obtain from a credit reporting agency a credit report containing personal information about the Customer and its guarantors pursuant to Section 18K(1)(b) of the Privacy Act,
6.2 To obtain a report from a credit reporting agency and other information in relation to the Customer’s commercial credit activities. AND in accordance with Section 18N (1)(b) of the Privacy Act the customer authorises Domus Lighting to give to and obtain from any credit provider named in the accompanying credit application and credit providers that may be names in a credit report issued by a credit reporting agency information about the Customer’s credit arrangements. The Customer understands that this information can include any information about its credit worthiness, credit standing; credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act. The Customer understands the information can be used for the purposes of assessing its application for credit (Section 18L(4) Privacy Act), assisting it to avoid defaulting on its credit obligations, notifying other credit providers of a default by it and assessing its credit worthiness.
7. Notification
The Customer must notify Domus Lighting in writing within seven (7) days of:
7.1 Any alteration of the name or ownership of the Customer.
7.2 The issue of any legal proceedings against the Customer.
7.3 The appointment of any provisional liquidator, liquidator, receiver, receiver manager or administrator to the Customer.
7.4 Any change in ownership of the business name of the Customer. The Customer agrees that it shall be liable to Domus Lighting for all Goods supplied to the new owner by Domus Lighting until notice of such change is received.
8. Warranties
No warranties except those implied and which cannot be excluded by law are given by Domus Lighting in respect of Goods or services supplied. Domus Lighting in its absolute discretion provides a 12 month warranty from the date of purchase or supply to the first on-user. Any breech of condition or warranty is limited to the repair or replacement of the Goods, the supply of equivalent
Goods, as determined by Domus Lighting. The above warranty is in addition to the warranties and conditions implied by Part V Division 2 of the Trade Practices Act 1974 or by applicable State Acts and Territorial Ordinances to the extent that such implied warranties and condition incapable of being excluded here from. All other warranties and conditions are hereby expressly excluded.
9. Legal Construction
These terms shall be governed and interpreted according to the laws of NSW and Domus Lighting and the Customer consent and submit to the jurisdiction of the courts of NSW. Notwithstanding that any provision of the terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the terms shall continue in full force and effect.
10. Waiver or Alteration
No waiver or alteration of these conditions shall be binding on Domus Lighting unless assented to in writing by duly authorised officer.
11. Specifications
Any specification, illustration or description accompanying a quotation, website, datasheet, catalogue and any other material is indicative and may not completely represent the Goods. Domus Lighting reserves the right to incorporate minor modifications thereto without notice and without incurring any liability.
12. Intellectual Property Right and Propriety Information
Sales of Goods shall not confer the Buyer any rights or interest in any trademarks, Patents, Copyrights, Industrial design or other intellectual property rights of Domus Lighting in respect thereof. The Buyer shall not dispute or conspire to dispute or question the title of Domus Lighting in respect of such rights relating to the Goods. All design details, specifications, software, technical handbooks, drawing or other data supplied to the Buyer without charge remain Domus Lighting property and Domus Lighting retains the right to have all such data returned upon request. All information contained in such data is copyright and shall be kept confidential by the Buyer, except to the extent that the Buyer can establish that such information has been previously made known to it from other sources. All software is not transferable and is restricted to the use by Domus Lighting’s Buyer only.
13. Third Party Claims
13.1 In the unfortunate event that some Domus product/s are faulty or defective on a commercial job, Domus reserves the right to use its qualified staff and resources to remedy any problem reported. If for any reason Domus decides not to use its own resources, Domus requires a written quote for the work to fix the problem and this must be approved by its senior management who will issue a work order prior to work commencement. Failure to follow this standard procedure may result in a back charge claim not being accepted.
13.2 Domus Lighting shall not be liable in any way whatsoever for any advice, assistance or representation given or omitted to be given in respect of products and services other than those directly provided by Domus.
13.3 In no circumstance whatsoever will Domus be liable for loss of profits, contracts, goodwill, business, and anticipated savings and rectification costs for third party claims.
13.4 Domus will not be liable for any electrical costs incurred if Domus product/s are deemed faulty after installation. Goods need to be returned to the place of purchase, whereby Domus and Customer (not end user) will follow standard procedure to remedy situation.
14. Sales Targets and Settlement Rebates
Any agreed sales target and or settlement rebates are subject to agreed conditions. All agreements are to be documented by Domus Lighting Pty Ltd and are to be signed by both parties. Rebates are to be granted as per agreed terms. If the agreed terms are not adhered to by the customer, then Domus Lighting reserves the right to withdraw, cancel and/or modify any rebate structure without notice and without incurring any liability.
